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HomeMy WebLinkAbout[04] IUP Keith Eisenschenk~"n' Planning Commission Agenda Item `1 cirv uh ~•r. ~~n~:r~~ MEETING DATE: July 7, 2008 AGENDA ITEM: Public Hearing, Interim Use Permit Keith Eisenschenk, 1306 Iris Lane SUBMITTED BY: Administration STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings granting an Interim Use Permit to Keith Eisenschenk allowing an owner occupied rental unit at 1306 Iris Lane with a maximum density of two tenants. The approval is contingent upon the property meeting the Ordinance regarding the grass height within seven days of the PC meeting. If the property is not, the recommendation to the Council will be denial, giving Eisenschenk six months to have the tenants removed. If the property is cleaned up prior to the Planning Commission meeting, the recommendation would be approval. PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: The City Offices received a call regarding an alleged rental until at 1306 Jasmine Lane. Upon investigation it was determined that the property was being utilized as a rental. The property owner admitted that he was renting to three others and questioned if he could rent the property to someone who is interested in rent to own. I told him that the only way that works is through a recorded contract for deed. He has since made application for an owner occupied rental and stated that he will be residing at the residence. I have also included a copy of a weed notice that was sent to this same property in July. The weed notice is for grass that exceeds the maximum height allowed by Ordinance. Staff will check prior to the meeting on Monday evening to make sure he has taken care of the matter. ATTACHMENTS: Hearing Notice; Application; Recorded Deed, Resolution of Findings; Vicinity Map; Weed Notice, Phone Log REQUESTED PLANNING COMMISSION ACTION: Staff has provided two resolutions Authorize the Planning Commission Chair and Administrator to execute the Resolution recommending the Council issue an Interim Use Permit to Keith Eisenschenck to operate an owner occupied rental unit at 1306 Iris Lane. The difference between the two resolutions is the condition of the property. Public Hearing City of St. Joseph The St. Joseph Planning Commission shall conduct a public hearing on Monday, July 7, 2008 at 7:00 PM. The purpose of the hearing is to consider an Interim Use permit to allow an owner occupied rental in an R-1 Single-Family zoning district. The property is legally described as Lot 2 Block 5, Northland Heights. St. Joseph Code of Ordinances 52 27 subd 5 allows for an Interim Use Permit as follows: Residential rental provided the unit is owner occupied and provided the room(s) rented does not contain separate kitchen facilities and is not intended for use as an independent residence. For purposes of establishing if the property is owner occupied, the owner must be a natural person, and all owners must occupy the property as their principal residence. The owners may not exceed two in number. For purposes of determining ownership, the owner/owners must provide a copy of a recorded deed or recorded contract for deed. A purchase agreement will not be accepted as evidence of ownership. Keith Eisenschenk, 1306 Iris Lane NE, St. Joseph, MN 56374 has submitted the request for Interim Use. Judy Weyrens Administrator Publish: June 27, 2008 943_ ;9a2~ 1311 1319 ~~c~ ~'~d~ ~~V 4 9.11 _< fl36 1307 1315 `- 1323 _ 133'1 ~ 917r~ i g: 2 ~ ( _ =~ ~ . ~_ .911' r 835 _, 1225~'m 11305' ~: 1314 1322Y~'{'i ~~~~ fi°914 _ __ f ixr..-~ 1310 1318 132$ '` , f'~_ 908 ~ ~t.UN - ._ti ' 920 .` .~ ~.~~ i~ 1-; 1325 r 13 1 ~ 902 ~! h ~ ~ ~ 927 ''r._ ` ~ 914 ',1317. ~% ~- _. 921 ;a, ;910 1313;' "13241 ':~ ~ 911 > J'' 1303 >~ _` 13201328 `'. 907 , °' ~.'' •C --1316 t~ti~i 11226.' ~"~ ~~ ____- ~, .-~ ~` 1310 :'; - ~ sRls ~^ __.--, 13©2 ,,.}.,: 13061ris Lane E r tti_ 13_ p6 ~ '. C ~~, l r ~, APPLICATION FOR INTERIM USE PERMIT CITY OF ST. JOSEPH 25 College Avenue NW Fee $ P. O. Box 668 Paid St. Joseph, MN 56374 Receipt tY (320)363-7201 or Fax (320)363-0342 Date STATE OF MINNESOTA ) )ss COUNTY OF STEARNS) i NAME: _ ~Cetr~~ ~_ `,: .', .,.-~'~li~ PHONE: ~~ ~4~~L1 x~~, I/We, the undersigned, hcreby make the following application to the Ciry Council and Planning Commission of the Ciry of St. Joseph, Steams County, Minnesota (Appbcanrs have the rcsponsibiGry of checking all applicable ordinances pertaining to their application and complying with all ordinance requiremems)~ I Application is here~y made for Interim Use Permit to conduct the following. --^Ci rl'\--F ~L f 2 Legal description of land to be affected by app cation, includin acreage or square footage of land involved, and street address, if any (attach addnional sheet if necessary). i ~ 1(y~jt ~ ~.d•.t ~~ '1 3 Presem zoning of the above described property is: _~ ~- 4 Name and address of the present owner of the above described property is: 1 ~~- ~ S ~ . S L,hj 5. Is the proposed use compatible with present and future land uses of the area? Please explain. ~-Z `j ~r\ ;~ f h , ,~ ~, ~ t ~ - 6. Will the ~roposed use depr~gciate the are which it is Proposed? Please explain. N l ~) ' ~ ~L\ KC CC: i ~ C~ ~ ~ ~ '1 '' 7 Can the proposed use be accommodated with existing Ciry service without overburdenin& the system? Explain: c ~ . ; 1.~ ice' 1.. ~ •... -, r ~: 8 Are local streets capableo'f handling traffic ~hich is generated by the proposed use? Please explain: ~ Attached to this application end made a part thereof are other material submission data requirements, as indicated. .~~ ~ ~ l i ~~~,/ Applicant Signature: ~ ~~'•L:;~~' , L'~G i'y`'n/" ~-~ Datr. L- "~ Owner Signature: x ~ t.-~.~'\ ~,~ ~.(,1.(~~'~L_ Dale: '~' ~ FOR OFFICE USE ONLY DATE APPLICATION SUBMITTED: DATE APPLICATION COMPLETE ___ Planning Commission Action. _ Recommend Approval Recommend Disapproval Dale o(Action Date ApplicanVPropeny Owner notified of Planning Commission Action City Council Acuon. Approvcd Disapproved Date of Action Date ApphcanVProperty Owner notified of City Council Action: ~+~ ~1~y = ~°~si.Ma>~rr ~ Ewa cw7F • ~ a ~ to ~ttDnoA ~urY S~ - 5373( o $ 1 ~~~ STE/1RN8 ~wwrr. wrnrnls~ora ~ oon,nurM.1208876 ~~, Fnee, bras R.uoedstl on ~: ~a•~2-coos r ~o:z9 iuu au~t,~ cRUHO~toer~R STEARI~I.S COUfdTy REdORDER 1>~ caoawt«rwt.rV~etwhr~ 9'1'AT6 DB6D TAX D116 HL~ON: -~.lQ.l.~ Dato: _ ~ ~~ Pt)It VALUAH46 CON9ID8RI-TiON, l.,t~eer Onc Develsp~ ~p~,y~ Ii~C~ ~, Ltsaieed >.~bttlq CompaaY under tho laws a 3tah a >ttinararota, Onmtor, hereby convyYa atW vartanb is Eeith D. lsisea.chank, Onmtee. u s sNfp]e ~dir3dual under the laws of the State a b[mnesom. reel prvperfy is 8tesrns Catnty, ~ ;~k daeribed .a WUows: '"'Dfr d tai-e' p~ ~1. 1Vorthlaora kiel~~.~ooaing to au plat ar suneT mrieot on tie .na a tma~d !a we q~ RRCrotder in and ibr lesttrs ~ Nim,ewcn. . ~ The .suer tent the edkr apes not kaw otrrp w~eus oe the aeecribed rent pr~opetxr. toaeteer wdth all ~"°"'°"" A'°eded.,°°""°os °" tsulq her'didimtate and appt~~~ bed thereto, subjec! to tho loilswing Intoeptiops: v ~ '~ v1110 191.17 STAYS OF -~NN)S9p'~A) COUN7Y OF _~~ ) a ~. the a_ T!-e Bj' Cotnvenr LiG ~ God ~!~~/ Ted. R W _S~kt IlRanesrr _ 8Y Ih ln~twusot.rss nclmarvledsed~ toe thts ,~~ d4 saTQ~be~_ ~ ~¢ __, _ _ _ _ - end _ on I:O7AR1 7'R1E OR RArrR1 MOMMM~/y~,~ ~ TNt9 IMR~1!!t6'!R WAR bRAVJL"L7 BY piAtJR A7~ ADOR699) 1.13rDblf ~, Awn 1nC. Chad A. Carbon -.O. 13acc 7 Awn, IVIN 56310 FIAT ~~ of tre r+orww b tl61~~ wwM M eTr ~~~~~k 1(eltb A. F.ismechenk 728 x7 Avenue South 9t. Cloud, hqd SG301 SC~.~.of,,, ~,_ Resolution of finding The request of Keith Eisenschenk for an Interim Use Permit request came before the Planning Commission at a public hearing held on July 7, 2008. The purpose of the hearing was to consider issuance of an Interim Use Permit to allow an owner occupied rental unit in a R1 Zoning District. The property is legally described as Lot 2 Block 5 Northland Heights Addition according to the plat and survey thereof on file and of record in the Office of the County Recorder in and for the County of Stearns and State of Minnesota located at 1306 Iris Lane. St. Joseph Code of Ordinances 52 27 Subd 5: Interim Uses. The following are Interim Uses allowed by permit based upon the procedures and criteria set forth in Section 52.07.04 of this Code. a) Residential rental, provided the unit is owner-occupied and provided the rooms) rented does not contain separate kitchen facilities and is not intended for use as an independent residence. For purposes of establishing if the property is owner occupied, the owner must be a natural person, and all owners must occupy the property as their principal residence. The owners may not exceed two in number. For purposes of determining ownership, the owner/owners must provide a copy of a recorded deed or recorded contract for deed. A purchase agreement will not be accepted as evidence of ownership. The request for Interim Use has been submitted by Keith Eisenschnenk, 1306 Iris Lane, St. Joseph MN 56374. Notice of this matter was duly served and published. Inconsideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: The proposed use is consistent with the standards for granting an Interim Use Permit, St. Joseph Code of Ordinances 52.07.04 Therefore, based on the above findings, the Planning Commission makes the following recommendation: Approval of the Interim Use Permit to allow an owner occupied rental unit in a R1 Zoning District with the following contingencies: ATTEST 1. The rental license in non-transferable . 2. Approval of the Rental Housing Inspector 3. The Planning Commission will review the license annually and revoke the license if the property is in violation of the St. Joseph Code of Ordinances 4. The City Office will place a notice in the St. Joseph Newsleader when the owner occupied rental licenses are reviewed and will accept public comments. 5. The property must meet the Ordinance regarding the grass height within seven days of the Planning Commission meeting. Sr. Kathleen Kalinowski, Planning Commission Chair Judy Weyrens, Administrator Resolution of finding The request of Keith Eisenschenk for an Interim Use Permit request came before the Planning Commission at a public hearing held on July 7, 2008. The purpose of the hearing was to consider issuance of an Interim Use Permit to allow an owner occupied rental unit in a R1 Zoning District. The property is legally described as Lot 2 Block 5 Northland Heights Addition according to the plat and survey thereof on file and of record in the Office of the County Recorder in and for the County of Stearns and State of Minnesota located at 1306 Iris Lane. St. Joseph Code of Ordinances 52.27 Subd. 5: Interim Uses. The following are Interim Uses allowed by permit based upon the procedures and criteria set forth in Section 52.07.04 of this Code. a) Residential rental, provided the unit is owner-occupied and provided the rooms) rented does not contain separate kitchen facilities and is not intended for use as an independent residence. For purposes of establishing if the property is owner occupied, the owner must be a natural person, and all owners must occupy the property as their principal residence. The owners may not exceed two in number. For purposes of determining ownership, the owner/owners must provide a copy of a recorded deed or recorded contract for deed. A purchase agreement will not be accepted as evidence of ownership. The request for Interim Use has been submitted by Keith Eisenschnenk, 1306 Iris Lane, St. Joseph MN 56374. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: The proposed use is consistent with the standards for granting an Interim Use Permit, St. Joseph Code of Ordinances 52.07.04 Therefore, based on the above findings, the Planning Commission makes the following recommendation: Denial of the Interim Use Permit to allow an owner occupied rental unit in a Rl Zoning District based on the following: ATTEST 1. The property owner was notified that the grass height must be brought into compliance within seven days of the Planning Commission meeting. If that is not met, Eisenschenk will have six months to have the tenants removed. 2. The property was operating as a rental without a valid rental license. 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OSI/pH 1 u u u ~ ~~~ <,j~ti~~,sf,,h ~~~~r~ TO: Keith Eisenschenk 1306 Iris Lane St. Joseph MN 56374 administrator ~uc]y Weyrens DATE: July 2, 2008 Mayer Dear Property Owner: AI Rass~er To comply with the Minnesota Statutes 1971, Section 18.271 and St. Joseph City Ordinance Councilors , and in effort to keep our City of St. Joseph neat and beautiful, this weed cutting notice is being sent to you concerning your property as described below: Steve Frank Rick Schultz 1306 Iris Lane PIN# 84-53736-081 Renee Symanietz Dale Wick By City Ordinance, it is unlawful to permit any weeds and grasses to exceed the average height of ten (10) inches. The requirement includes the growth on adjacent frontage property to the curb of the traveled roadway, or the center of the street and alley as necessary. This is the only notice you will receive. All weeds and grasses need to be cut BEFORE 5 PM FRIDAY JULY 11, 2008 In the event you are unable to find someone to eradicate your weeds, please contact this office for help in acquiring an operator. However, we encourage you to locate and contract the job on your own terms. In the event that the property is not brought into compliance by the deadline stated above, the eradication work will be performed at the direction of this office and will then be billed at prevailing rates. All bills not paid within thirty (30) days of cutting will be certified to the County Auditor as a special assessment and will be collected as in the case of other special assessments. If you have any questions, or if you believe an error has been made, do not hesitate to contact me at 1-320-363-7201. Your prompt cooperation is greatly appreciated. Sincerely, Randy Torborg, Weed Inspector zs College A~-enue 1~lorth PO gox 668 Saint ~<~seph Minnesota s63~q Phone 3zo.363 ;zoi Fax ~zo 363 oygz wti "~~~ ,~